Moved:           Cr Bowman

Seconded:     Cr Griffiths

O0317-024

That Council approve the following applications for leave of absence:

Cr Ron Padgurskis                20 April until 20 May 2017

CARRIED

F8 - A0

Moved:           Cr Griffiths

Seconded:     Cr Hall

O0317-025

That the Minutes of the Ordinary Council Meeting of the 28 February 2017 be confirmed as a true and correct record.

CARRIED

F8 - A0

Motion

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0317-026

That Council bring forward item 12.1.3 to be considered.

CARRIED

F8 - A0

12.1.3         Development Application - Oversized Outbuilding (Shed) - Lot 41 (287) Twilight Beach Road, West Beach

Moved:           Cr Griffiths

Seconded:     Cr Padgurskis

O0317-027

Officer’s Recommendation

That Council refuse development application Development Application 10.2017.3430.1 for an oversized Outbuilding (Shed) at Lot 41 (287) Twilight Beach Road, West Beach on the following grounds:

1.   The proposal is inconsistent with the provisions of Local Planning Policy: Outbuildings.

Council Resolution

That Council approve development application Development Application 10.2017.3430.1 for an oversized Outbuilding (Shed) at Lot 41 (287) Twilight Beach Road, West Beach subject to the following conditions:

1.  Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plans unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2.  The approved outbuilding(s) shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation, commercial or industrial uses.

3.  All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

4.  The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

5.  The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

6.  During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

7.  The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

And the following advice notes:

1.  THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

2.  The development is to comply with the Building Code of Australia, Building Regulations and the Local Government Act.

3.  It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land.  This may necessitate re-surveying and re-pegging the site.  The Shire of Esperance will take no responsibility for incorrectly located buildings.

4.  It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

5.  Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

6.  The approved development is to comply with the requirements of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, including the following criteria:

A person shall not cause or permit any structures to be erected above any septic tank, aerobic treatment unit, greywater system or drainage line if that structure -

a.    obstructs free access to the apparatus; or

b.    has walls on more than 3 sides.

A person shall not, without the permission of the relevant local government, cause or permit a receptacle for drainage -

a.    to have any structure erected above it; or

b.    to be subject to vehicular traffic or be located less than 1.2m from an area that is subject to vehicular traffic; or

c.    to be paved or covered with a surface treatment

Septic tank to be located a minimum of 1.2 metres from all buildings, footings and boundaries.

Leach drains to be 1.8 metres from all buildings, any septic tanks, any other leach drains or soak wells and boundaries.

CARRIED

F8 - A0

Motion

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-028

That Council move the following items forward and consider them en bloc:

12.1.1       Relinquishment of Reserve 36365 in Favour of Horizon Power

12.1.2       Proposed Road Dedication - Lot 15 Orleans Bay Road, Condingup   

12.1.5       Result of Tender for Sale of Land Lots 861 & 862 Hockey Place

12.1.6       Updated Valuation Report for All Sub-Divided Blocks in Flinders

12.3.1       Lease - Old Sergeant's Quarters Museum Village

12.3.3       Compliance Audit Return 2016

12.3.4       Financial Services Report - February 2017       

12.4.1       Information Bulletin - February 2017

13.1          Minutes of Committees

17.2          0037-17 - Supply & Install Perimeter Fence Greater Sports Ground

17.3          0036-17 - Public Toilet Facilities & Barbeque Cleaning

17.5          0052-17 - Eastern Subs Water Supply Scheme Pump Station Upgrade

CARRIED

F8 - A0

En bloc

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-029

That Council adopt the officer’s recommendations for the following items:

12.1.1       Relinquishment of Reserve 36365 in Favour of Horizon Power

12.1.2       Proposed Road Dedication - Lot 15 Orleans Bay Road, Condingup   

12.1.5       Result of Tender for Sale of Land Lots 861 & 862 Hockey Place

12.1.6       Updated Valuation Report for All Sub-Divided Blocks in Flinders

12.3.1       Lease - Old Sergeant's Quarters Museum Village

12.3.3       Compliance Audit Return 2016

12.3.4       Financial Services Report - February 2017       

12.4.1       Information Bulletin - February 2017

13.1          Minutes of Committees

17.2          0037-17 - Supply & Install Perimeter Fence Greater Sports Ground

17.3          0036-17 - Public Toilet Facilities & Barbeque Cleaning

17.5          0052-17 - Eastern Subs Water Supply Scheme Pump Station Upgrade

CARRIED

F8 - A0

12.1.1         Relinquishment of Reserve 36365 in Favour of Horizon Power

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-030

Council Resolution

That Council relinquishes its Management Orders over Reserve 36365 in favour of Horizon Power.

CARRIED

F8 - A0

12.1.2         Proposed Road Dedication - Lot 15 Orleans Bay Road, Condingup

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-031

Council Resolution

That Council:

1.  Request the Minister of Lands to dedicate a portion of Lot 15 Orleans Bay Road, Condingup as road reserve under Section 56 of the Land Administration Act 1997.

2.  Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

CARRIED

F8 - A0

12.1.5         Result of Tender for Sale of Land Lots 861 & 862 Hockey Place

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-032

Council Resolution

That Council

1.    Offer the opportunity to list lots 861 and 862 Hockey Place to all real estate agents with a local commercial office, on a non-exclusive basis and at a commission rate of 3%.

2.    Request the Chief Executive Officer to list the two properties as follows:

·   Lot 861 - $170,000

·   Lot 862 - $175,000

3.    Delegate authority to the Chief Executive Officer to negotiate and accept an offer at or above the licensed valuations (see attachment A).

4.    Direct the Chief Executive Officer to place any proceeds from sale of these two lots into the Land Development Reserve.

CARRIED

F8 - A0

12.1.6         Updated Valuation Report for All Sub-Divided Blocks in Flinders

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-033

Council Resolution

That Council

1.  Direct the CEO to advertise Lots 236-252 and Lot 290 within Flinders Stage 2 for sale by tender.

2.  Accept the valuation from Herron Todd White (undertaken in February 2017) for all lots within Flinders Stage 2 that are yet to be sold.

3.  List all lots that don’t receive an offer through the tender process, at the following prices

4.  Delegate authority to the CEO to negotiate and accept offers on all listed properties within Flinders Stage 2 at or above the Minimum Acceptable Sale Price identified in the schedule as attached within Attachment B.

CARRIED

F8 - A0

12.3.1         Lease - Old Sergeant's Quarters Museum Village

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-034

Council Resolution

That Council agrees to;

1.  Accept the surrender of lease from Sally Nevin on the Old Doctor’s Surgery in Museum Village;

2.  Lease the Old Police Quarter’s in Museum Village to Sally Nevin for a term of 5 years;

3.  The lease rental to be $15,194 per annum (GST exclusive);

4.  The lease area to be a portion of Lots 58 and 59 Dempster Street Esperance, described and defined as the ‘Old Sergeant’s Quarters’ in the lease and displayed clearly in an attachment to the lease document;

5.  All lease terms and conditions be as per Council Standard Commercial Lease;

6.  The proposed lease to be advertised in accordance with the Local Government Act 1995 s.3.58 Disposing of property; and

7.  Authorise the CEO to execute the agreement in accordance with Section 9.49A of the Local Government Act 1995 for Execution of Documents.

CARRIED

F8 - A0

12.3.3         Compliance Audit Return 2016

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-035

Council Resolution

That Council adopt the 2016 Shire of Esperance Compliance Audit Return pursuant to Regulation 14(3) of the Local Government (Audit) Regulations 1996 as presented under separate cover.

CARRIED

F8 - A0

12.3.4         Financial Services Report - February 2017

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-036

Council Resolution

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of February 2017 as attached be received.

CARRIED

F8 - A0

12.4.1         Information Bulletin - February 2017

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-037

Council Resolution

That Council accepts the Information Bulletin for February 2017 and;

1.  Register - Delegations Discharge - Corporate Resources

2.  Minutes – GVROC Council Meeting – 24 February 2017

3.  Interplan Report  - February 2017

CARRIED

F8 - A0

13.1   Minutes of Committees

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-038

Council Resolution

That Council receive the following committee minutes:

1.    Scaddan Restoration Reference Group - 8 February 2017

2.    Esperance Museum Management Committee - 22 February 2017

3.    Esperance Visitor Centre Management Committee - 27 February 2017

4.    Esperance Twin Town Committee - 27 February 2017

5.    Audit Committee - 28 February 2017

6.    Esperance Roadwise Committee - 13 March 2017

7.    Greater Sports Ground Redevelopment Committee - 8 March 2017

CARRIED

F8 - A0

17.2   0037-17 - Supply & Install Perimeter Fence Greater Sports Ground

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-039

Council Resolution

That Council award the Request for Tender 0037-17 Supply & Install Perimeter Fence Greater Sports Ground to Fencewright at a total cost of $185,985 (ex GST).

CARRIED

F8 - A0

17.3   0036-17 - Public Toilet Facilities & Barbeque Cleaning

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-040

Council Resolution

That Council awards the Request for Tender 0036-17 Public Toilet Facilities & Barbeque Cleaning to Dunn’s Cleaning Services Pty Ltd as per the schedule of rates, for a period of three years with a two year option subject to satisfactory performance.

CARRIED

F8 - A0

17.5   0052-17 - Eastern Subs Water Supply Scheme Pump Station Upgrade

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0317-041

That Council awards the Request for Tender 0052-17 Eastern Subs Water Supply Scheme Pump Station Upgrade to Western Irrigation at a total cost of $380,291.88 (ex GST).

CARRIED

F8 - A0

12.1.4         Fixed Head Tax Revenue - Regional Express (Rex)

Moved:           Cr Bowman

Seconded:     Cr Hall

O0317-042

Council Motion

That Council

1.  Give in principle support to a 3 year agreement for a fixed head tax with Regional Express (REX) on the conditions that REX continues to provide a Community Fare based on $128.91 (plus CPI from the 2017/18 financial year) and Perth Airport commit to a 3 year agreement with REX.

2.  Delegate authority to the CEO to negotiate an agreement with REX that incorporates (as a minimum) an annual increase based on an agreed cost index, has monthly equal instalments and possibly allows for holiday and leisure promotional air fares.

AMENDMENT

Moved:       Cr Stewart

Seconded:  Cr McIntyre

That the words “and Perth Airport commit to a 3 year agreement with REX.” Be removed from point one.

The amendment was put and

CARRIED

F8 - A0

The amendment became the substantive motion

Council Resolution

That Council

1.   Give in principle support to a 3 year agreement for a fixed head tax with Regional Express (REX) on the conditions that REX continues to provide a Community Fare based on $128.91 (plus CPI from the 2017/18 financial year).

2.   Delegate authority to the CEO to negotiate an agreement with REX that incorporates (as a minimum) an annual increase based on an agreed cost index, has monthly equal instalments and possibly allows for holiday and leisure promotional air fares.

CARRIED

F8 - A0

12.1.7         Sporting Association Ground Fees

Moved:           Cr Padgurskis

Seconded:     Cr McIntyre

O0317-043

Council Resolution

That Council

1.  Imposes the following fees (ex GST) on the listed Sporting Associations and User Groups for the 2016/17 financial year:

2.  Advertises the adoption of these new fees and charges as required by the Local Government Act 1995.

CARRIED

F6 – A1

(Against Cr Stewart)

12.3.2         2016/17 Budget Review

Moved:           Cr Bowman

Seconded:     Cr Stewart

O0317-044

Committee Recommendation

That Council adopt the 2016/17 Budget Review.

Council Resolution

That Council adopt the 2016/17 Budget Review inclusive of $25,000 to undertake the review of the Dempster Head Management Plan.

CARRIED

F7 – A1

(Against Cr Padgurskis)

13.2   Committee Recommendation - Appointment of Additional Community member to Esperance Visitor Centre Management Committee

Moved:           Cr Padgurskis

Seconded:     Cr Hall

O0317-045

Council Resolution

That Council appoint Jo Quinlivan to the Esperance Visitor Centre Management Committee as a Community Member.

CARRIED

F8 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0317-046

That Council accept late item 17.6.

CARRIED

F8 - A0

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr Parker

O0317-047

That the meeting proceed behind closed doors in accordance with section 5.23(2) of the Local Government Act 1995, to consider the following items, which are considered confidential for the reasons indicated.

17.1   Outstanding Rates - Legal action on assessment 69104

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)).

17.4   0051-17 - Supply, Delivery and Licensing of Four New 2016/2017 Tri-Axle Pig Trailers

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).

17.6   CEO Review

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)); and the personal affairs of any person (Section 5.23(2)(b)).

CARRIED

F8 - A0

17.1   Outstanding Rates - Legal action on assessment 69104

Moved:           Cr Padgurskis

Seconded:     Cr Hall

O0317-048

Council Resolution

That Council

1.  Notes the legal action that has been undertaken by the Shire of Esperance under Section 6.56 or the Local Government Act 1995 on Assessment 69104 to recover outstanding rates, interest and legal expenses.

2.  Request the CEO write to the owner of Assessment 69104 advising that unless payment is received within 14 days that the Shire of Esperance may exercise its power of sale under Civil Judgment Enforcement Act (2004) Property Seizure and Sale Order.

3.  Grants delegation to the CEO to authorise to proceed with Property Seizure and Sale Order on the land if there is no response from the owner.

CARRIED

F8 - A0

17.4   0051-17 - Supply, Delivery and Licensing of Four New 2016/2017 Tri-Axle Pig Trailers

Moved:           Cr Griffiths

Seconded:     Cr Parker

O0317-049

Council Resolution

That Council:

1.  Award tender 0051-17 to Howard Porter for the supply, delivery and licensing of four new HP Tri-Axle Pig Trailers as specified for a cost of $ 228,960.00 (excluding GST).

2.  Approve a budget variation for two new side/end tipping truck bodies for two existing Shire trucks as follows.

CARRIED

F8 - A0

Suspension of Standing Orders

Moved:           Cr Bowman

Seconded:     Cr Hall

O0317-050

That Section Nine (9) of the Standing Orders be suspended to allow for discussion on item 17.6.

CARRIED

F8 - A0

Resumption of Standing Orders

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0317-051

That Standing Orders be resumed.

CARRIED

F8 - A0

Adjournment of Meeting

O0317-052

The Shire President adjourned the meeting at 4:56pm.

Resumption of Meeting

O0317-053

The Shire President resumed the meeting at 5:18pm.

17.6   CEO Review

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0317-054

Council Resolution

That Council

1.  Note the satisfactory performance of the CEO for the 12 month period prior to the review.

2.  Approve the following Key Performance Indicators for the Chief Executive Officer for the three month period to 30 June 2017, with priority given to items d and e

a.    Youth Council

b.    Parking Strategy

c.    James Street Cultural Precinct

d.    Waste Strategy

e.    Tanker Jetty

f.     Review of Strategic Plan

g.    CEO Personal Development

h.    Service Delivery Reviews

i.     Land Asset Opportunities

j.     Indoor Sports Stadium

3.  Approve an increase to the Salary component of the Remuneration Package for the Chief Executive Officer, as per the current Contract of Employment, from 7 January 2017, the anniversary date of the Contract of Employment.

CARRIED

F6 – A2

(Against Cr Stewart & Cr Padgurskis)

Coming from behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0317-055

That the meeting come from behind closed doors.

CARRIED

F8 - A0